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I wasn't saying you shouldn't, I wap just asking whether people think it should become a section in the Trusted Sellers List.
I wap also stating that people could easily get round being blacklisted by registering under a new name.
I think though it's better that we all know who is guilty as long as you are sure it is their fault
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Posted: 2004-10-08 16:20:00
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any updates?
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Posted: 2004-10-22 14:48:52
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Still nothing!
Sent him another email, no response though. I'm wondering what to do next - whether I can go to the police or whether they'll tell me to go away, if I can indeed do anything at all about this situation.
_________________
"All it takes for evil to flourish is for good men to do nothing" - Edmund Burke
My Ebay AuctionsSamsung T100, no ringtones
[ This Message was edited by: Sammy_boy on 2004-10-22 17:58 ]
[ This Message was edited by: Sammy_boy on 2004-10-25 22:33 ]
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Posted: 2004-10-22 18:47:15
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I have to disagree with Bobafett.
People should know who bad traders are. Just to be aware...
If this is not a commercial site then why the hell there's a market section.
I'd love to know with whom i can trade with.
And about the problem of someone getting back here with a different name. Well. I wouldn't send anything to a "newbie".
NAME AND SHAME!!!!
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Posted: 2004-10-22 18:54:33
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@Sammy_boy In my opinion, I would advise you to contact the person by email, and specify a date upon which they must contact you in order to resolve the situation. If the person does not reply by said date, send them a further message informing them that you will report the matter to the police, and then do so.
Presumably you will have a log of correspondence between you and the other party. This would probably contain: 1) His/her initial listing of a phone for sale (in contract law this is known as an 'invitation to treat') 2) Your response e.g. "...I will give you x amount for the phone..." (in contract law - 'the offer') 3) His/her response e.g. "...yes you can purchase the phone for x amount..." (in contract law - 'acceptance'). There are of course other aspects involved within the formation of a contract, but if the three aforementioned criteria are present, I would say that on the balance of probabilities you would have a legally enforcable contract for the sale of the phone. That is step one, the other party could be seen to have breached the contract (this is however in most cases a civil matter).
In respect of criminal liability, the other party could be seen as having 'obtained funds by deception'. There are several other avenues which could be pursued e.g. 'fraudulent distance selling' etc. I am however not quite up to date on criminal law, as it has been a while since I have studied the subject in depth.
If you do contact the police, it will be useful for you to give them all and any correspondance you have regarding the other party. This should include copies of all posts he/she has made to the forum, any personal messages, any emails and details of how you have transferred funds to the other party.
Hope this helps.
Any advice given here should not be taken to signify legal or professional advice, merely my opinion based on my understanding of the law.
P.S. Sorry if composition etc is pretty poor, but it's quite late and I'm off to bed now
EDIT: I believe the Metropoltan Police have a specific division which deals with internet fraud. Google it, or give them a ring.
[ This Message was edited by: london-uk on 2004-10-23 01:30 ]
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Posted: 2004-10-23 02:21:53
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@London_UK - thanks for the info, very useful!
I do have all the correspondence still - the thread here on Esato and the posts in there, the private messages from the other party (but not the ones sent, as Esato doesn't store them), and the emails to/from this person querying where the item is. Also, the payment was done over Nochex, so I have some of the payment details also.
Some good news though - this person has responded to my email. He says that he is going to resend the phone (he must have got it back 'return to sender') and I should get it by Tuesday.
My fingers are crossed
_________________
"All it takes for evil to flourish is for good men to do nothing" - Edmund Burke
My Ebay AuctionsVoda sim c/w £4.45 credit
[ This Message was edited by: Sammy_boy on 2004-10-25 22:32 ]
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Posted: 2004-10-23 03:24:58
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@sammy_boy - So, you are to become one of the unlucky ones here too
! I just hope not . . .
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Posted: 2004-10-23 03:32:43
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@JN - so do I matey - if that phone turns up it will go a little way towards restoring my faith in humanity!
Let's all send good karma so that this phone doesn't get 'lost in the post' again!
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Posted: 2004-10-23 03:38:01
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@sammy_boy - If ever, what will you lose here mate . . . money or fone? If it's a fone, is this your SE P800?
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Posted: 2004-10-23 15:00:54
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Well, after over a month's worth of emails, promises and excuses, there's still no phone, and he has now gone silent now I've emailed twice asking for my £40 back! Looks like I've been shafted, could've done with that money for Xmas
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Posted: 2004-12-07 20:53:00
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